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2001 DAILYLAW 1290 (DEL)

UNION OF INDIA v. JAI LAL

2001-07-26

Devender Gupta, Sanjay Kishan Kaul

body2001
Delhi High Court (July 26, 2001) 2001 (TLS)126504 2001-AD (Del)-7-260 UNION OF INDIA Vs. Jai Lal DEVINDER GUPTA ( 1 ) ALLOWED subject to just exceptions. ( 2 ) ( 3 ) LEARNED counsel for the parties state that a short question is involved in this appeal and the same be heard today. Heard. ( 4 ) IN so far as the market value of the land is concerned, there is no ground to interfere with the impugned award dated 19/1/2000 passed by the Additional District judge holding the claimant/respondents to be entitled to compensation Rs. 16,750. 00 per bigha which is the rate already determined by this Court in similar matters for such land which was acquired through the same notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 30/10/1963. ( 5 ) THE other ground to challenge the Impugned judgment is the period for which interest under Section 4 (3) of the Land Acquisition (Amendment and Validation) Act, 1967 has been allowed. ( 6 ) IN allowing interest under Section 4 (3) of the Land Acquisition (Amendment and validation) Act, 1967 the Reference Court placed reliance on the decision of the Supreme court in Mamleshwar Parshad vs. Union of India S. L. P. (C) No. 10567/85 decided on 24/08/1993 but has not correctly applied the said decision and has erroneously directed such interest to be paid on the amount of the market value determined from the date of expiry of the period of three years of the date of notification under Section 4 of the Act to the date of tender of compensation awarded by the Court. As a matter of fact in Mamleshwar Parshad s case, the Apex Court clearly laid down that interest is payable only for the period from the date of expiry of three years of the date of notification under Section 4 of the Act to the date of tender of compensation awarded by the Collector. ( 7 ) ACCORDINGLY the appeal is partly allowed. The Impugned award is modified to the extent that interest under Section 4 (3) of the Land Acquisition (Amendment and. ( 7 ) ACCORDINGLY the appeal is partly allowed. The Impugned award is modified to the extent that interest under Section 4 (3) of the Land Acquisition (Amendment and. Validation) Act, 1967 will be paid from the date of expiry of three years of the date of notification under section 4 of the Act to the date of the tender of compensation awarded by the Collector and not uptill the date of tender of compensation awarded by the Court. Dismissed as infructuous. --- *** --- .